Dublin Transport Authority Act, 1986

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Immobilisation, removal, etc. of unlawfully parked vehicles.

34.—(1) In this section—

“authorised person” means a person or a member of a class of persons prescribed for the purposes of this section to be an authorised person;

“immobilisation device” means any device or appliance designed or adapted to be fixed to a vehicle for the purpose of preventing it from being driven or otherwise put in motion;

“owner” has the same meaning as in the Act of 1961;

“park” has the same meaning as in the Act of 1961;

“prescribed” means prescribed in regulations made by the Minister for the Environment under subsection (9).

(2) Where an authorised person or a person acting under his direction finds on a public road in the Authority's functional area a vehicle which has been parked there in contravention of any prohibition or restriction imposed by or under any enactment, he may—

(i) fix an immobilisation device to the vehicle while it remains in the place where he finds it, or

(ii) move it from the place where he finds it to another place and fix an immobilisation device to it in that other place.

(3) Where an immobilisation device is fixed to a vehicle in accordance with this section an authorised person or a person acting under his direction shall also affix to the vehicle a notice in the prescribed form—

(i) indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device;

(ii) specifying the steps to be taken to secure its release; and

(iii) giving such other information as may be prescribed.

(4) Subject to subsection (5), a vehicle to which an immobilisation device has been fixed in accordance with this section may only be released from that device by or under the direction of an authorised person.

(5) (a) A vehicle to which an immobilisation device has been fixed in accordance with this section shall, save for the purpose of removal under section 97 of the Act of 1961 or under subsection (2), only be released from that device when the person seeking such release produces satisfactory evidence that he is the owner of the vehicle or is authorised by the owner to use the vehicle and pays the prescribed charge.

(b) Where the owner of a vehicle to which an immobilisation device has been fixed in accordance with this section shows to the satisfaction of an authorised person or a person acting under his direction that the vehicle was parked in contravention of a prohibition or restriction while being used by a person other than the owner and that such use was not authorised by the owner, that authorised person or the person acting under his direction shall waive the prescribed charge and release the vehicle from the immobilisation device.

(c) A vehicle shall be released from the immobilisation device fixed thereto under this section as soon as may be reasonably practicable after the payment of the prescribed charge or after the waiving of such charge, as the case may be.

(6) A notice affixed to a vehicle under this section shall not be removed or interfered with except by the person to whom the notice applies and a person who contravenes this subsection shall be guilty of an offence.

(7) A person who—

(a) obstructs or impedes the fixing of an immobilisation device to a vehicle, or

(b) without being authorised to do so under this section, removes or attempts to remove such an immobilisation device,

shall be guilty of an offence.

(8) (a) Nothing in this section shall be construed as permitting the fixing of an immobilisation device to an ambulance, a fire brigade vehicle or any vehicle used by a member of the Garda Síochána in the performance of his duties as such member.

(b) This section shall not apply to a mechanically propelled vehicle the owner and the driver of which is a disabled person who holds a current permit for a disabled driver under bye-laws or temporary rules made under section 90 of the Act of 1961.

(9) (a) The Minister for the Environment may make regulations for the purpose of giving effect to subsections (1) to (8) and, in particular, but without prejudice to the generality of the foregoing, may make provision by regulations in relation to all or any of the following:

(i) the type of immobilisation device to be used;

(ii) the form of notice under subsection (3);

(iii) the charge to be paid under subsection (5) and the manner in which and to whom such charge is to be paid.

(b) Before making regulations under this subsection the Minister for the Environment shall consult with the Authority and the Commissioner of the Garda Síochána.

(c) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(10) (a) Section 97 of the Act of 1961 shall be construed, in so far as it applies to the Authority's functional area, as

(i) empowering the Authority, with the consent of the Minister for the Environment, to make bye-laws providing for the removal, storage and disposal of vehicles unlawfully parked in its functional area, and

(ii) if the reference in the said section 97 to section 101 of the Act of 1961 were a reference to section 36 .

(b) Notwithstanding paragraph (a), regulations made under section 97 of the Act of 1961 which apply to the Authority's functional area and which are in force at the commencement of this section shall continue in force and, in so far as they apply to that area, may be amended or revoked by the Authority.